Class "B," class "C," special class "C," and class "E" retail
alcohol licensees; special class "B" and special class "C" retail native wine
licensees; and the licensee's employees may fill, refill, and sell wine or
native wine in a container other than the original container, otherwise known
as a growler, subject to the requirements and restrictions provided in Iowa
Code sections 123.30, 123.31A, and
123.31B and in this rule.
(1)
Definitions.
"Growler," for the purposes of this rule,
means any fillable and sealable glass, ceramic, plastic, aluminum, or stainless
steel container designed to hold wine or native wine.
"Native wine," for the purposes of this rule,
means the same as defined in Iowa Code section
123.3(36).
"Original container," for the purposes of this
rule, means a vessel containing wine or native wine that has been lawfully
obtained and has been securely capped, sealed, or corked at the location of
manufacture.
"Wine," for the purposes of this rule, means
the same as defined in Iowa Code section
123.3(53).
(2)
Filling and refilling
requirements.
a. A growler shall
have the capacity to hold no more than 72 ounces.
b. A growler shall be filled or refilled only
by the licensee or the licensee's employees who are 18 years of age or
older.
c. A growler shall be filled
or refilled only on demand by a consumer at the time of the sale.
d. A growler shall be filled or refilled only
with wine or native wine from the original container procured from a class "A"
wine permittee.
e. Special class
"B" and special class "C" retail native wine licensees shall fill a growler
with only native wine.
f. A
retailer may exchange a growler to be filled or refilled.
g. The filling or refilling of a growler
shall at all times be conducted in compliance with applicable state and federal
food safety statutes and regulations.
(3)
Sealing requirements. A
filled or refilled growler shall be securely sealed at the time of the sale by
the licensee or the licensee's employees in the following manner:
a. A growler shall bear a cap, lid, stopper,
or plug.
b. A plastic heat shrink
wrap band, strip, or sleeve shall extend around the cap or lid or over the
stopper or plug to form a seal that must be broken upon the opening of the
growler. A lid permanently affixed with a can seamer shall not require a
plastic heat shrink wrap band, strip, or sleeve.
c. The heat shrink wrap seal shall be so
secure that it is visibly apparent when the seal on a growler has been tampered
with or a sealed growler has otherwise been reopened.
d. A growler shall not be deemed an open
container, subject to the requirements of Iowa Code sections
321.284 and
321.284A, provided the sealed
growler is unopened and the seal has not been tampered with and the contents of
the growler have not been partially removed.
(4)
Restrictions.
a. A growler shall not be filled in advance
of a sale.
b. A growler filled
pursuant to this rule shall not be delivered or direct-shipped to a
consumer.
c. A growler filled
pursuant to this rule shall not be sold or otherwise distributed to a
retailer.
d. A licensee or a
licensee's employees shall not allow a consumer to fill or refill a
growler.
e. The filling, refilling,
and selling of a growler shall be limited to the hours in which alcoholic
beverages may be legally sold.
f. A
filled or refilled growler shall not be sold to any consumer who is under legal
age, intoxicated, or simulating intoxication.
g. An original container shall only be opened
on the premises of a class "B" and class "E" retail alcohol licensee for the
limited purposes of filling or refilling a growler as provided in this rule, or
for a tasting in accordance with rule
185-16.7 (123).
(5)
Violations. Failure to comply with the requirements and
restrictions of this rule shall subject the licensee to the penalty provisions
provided in Iowa Code chapter 123.
This rule is intended to implement Iowa Code sections
123.30,
123.31A, and 123.31B and section
123.31C as enacted by 2023 Iowa
Acts, House File 677, section 5.
